Personal Injury Education Center’s Question Of The Week #8

Question: I was recently rear ended by a commercial vehicle on my way to drop my son off at daycare. I have neck and lower back pain and my son has consistently complained about pain in his foot and ankle since the accident. I spoke to an attorney today and he said he would proceed with my case but he would not include my son because he is too young for physical therapy. My question is, do I need to hire a separate attorney that specializes in child injuries or should I look for someone who can represent us both?

Palsgraf v Long Island Railroad

What Happened: Mrs. Palsgraf was standing on a railroad platform after she bought a ticket from Long Island Rail Road. Two men ran to catch a train that was pulling out from the platform. The first man jumped aboard easily but the second man, who was carrying a package, failed to jump aboard the railroad car the first time. A train employee, who had held the door open for the second man reached forward to help him in, and a guard on the platform pushed him from behind at the same time. In this act, the package the man was carrying was dislodged and fell upon the rails. The package contained fireworks, but there was nothing from its appearance to give Long Island Rail Road notice of its contents. The fireworks exploded when they fell and the shock of the explosion caused some scales at the other end of the platform to fall. Unfortunately, the scales struck Mrs. Palsgraf, causing her to be injured. Ms. Palsgraf initiated a lawsuit against Long Island Rail Road company to receive compensation for her injuries. Ms. Palsgraf was awarded damages in the trial court and the Defendant appealed.

Question Before the Court: Does a Defendant owe a duty of care to Plaintiff who is outside the reasonably foreseeable zone of danger?

Court Ruling: The majority held that negligence is based on the foreseeability of the harm between the parties and overturned Ms. Palsgraf’s victory in the lower court.

What to Wear to Court is a commonly asked question.

Question of the Week 1

Personal Injury Education Center’s question of the week Question: My daughters were in a car accident where another driver ran a red light causing a 3 car collision. How likely is it that my daughters will recover medical expenses as well as compensation for their pain and suffering?

Answer: There are 3 main pillars that every personal injury claim is evaluated by. The first is liability, the second is damages, which is another way of saving how badly someone was hurt, and the third is the ability to recover damages from the liable party.

Liability is clear based on your description, but I can’t really evaluate the other 2 pillars based on the information in your question. However, here are some things to keep in mind. First, make sure to receive and follow a medical professionals treatment plan. Car accidents are violent and injuries can often be delayed in presenting themselves. The health of your daughter is most important and following a treatment plan is the key to success. Second, it’s always important to act quickly from an educated place.

If I were you, I would contact an attorney for a free consultation to help guide you in this process. Thank you for the question. If anyone else has questions, you can submit them to us at either: email: utahpi.edu@gmail.com twitter: _triallawyer Thank you for watching!

Question of the Week 2

Personal Injury Education Center’s Question of the week #2 Question: While leaving my girlfriend’s house I stepped off their front porch when my leg got caught in a rut and I fractured my ankle. My girlfriend says that they might not have homeowners insurance but I have months of PT to look forward to. Does my homeowners policies cover me if someone has no Insurance? What happens now?

Answer: It is important to remember that every homeowner’s insurance policy is different but almost all mortgage companies require homeowner’s insurance coverage that would cover this accident. From a legal standpoint, your first step would be to ascertain whether or not your girlfriend or her parents have a homeowner’s policy. It would be atypical for someone not to have a homeowner’s policy because of the reasons I just mentioned.

Unfortunately, your homeowner’s policy will likely not cover you in this accident but your health insurance should. It would definitely be worth your time to make sure there is not a homeowner’s policy where the accident occurred. Thanks for the question.

Question of the Week 3

Question: My wife was hit by a car as she was walking in a parking lot and the car took off. What can we do to make sure her medical bills are paid for? Answer: Jeff I’m sorry to hear about your wife. I hope that her injuries are not that severe, but even if she feels like she just has bumps and bruises, I would definitely still seek medical treatment. Your question requires us to analyze two factors. First, would be, if car insurance coverage applies to a pedestrian hit by a vehicle and second, who’s insurance pays if you never find the car who left. Luckily, even if you never find the person responsible for hitting your wife, the uninsured motorist coverage statute applies when pedestrians are hit and when a vehicle leaves the scene. Your policy likely has at least $25,000 in uninsured motorist coverage.

As a side note, the store where the accident happened likely would have cameras or another record of who shopped at the store at a specific time. While uninsured motorist coverage applies, I would recommend trying to find the driver so that you could possibly have access to his liability insurance and your underinsured motorist coverage.

Question of the week 4

Question: I slipped down the stairs of my apartment complex last year and messed up my back. Can I sue my landlord?

Answer: Jennifer I am sorry to hear about your injuries, they never make life easy. You likely can pursue a claim against the owner of your apartment complex and or the company hired to maintain your apartment’s steps. There are three factors that you should keep in mind. 1) Who was contractually obligated to maintain the steps? Some contracts make it the responsibility of the tenant; 2) Did the landlord have adequate time to remove the ice from the stairs from the time of the storm; 3) Were you aware of the icy steps and if so, were the stairs the only route you could have taken. With Slip and Fall injuries you would need to show that the landlord had the duty to keep the stairway safe and the landlord did not do so timely; or that the landlord hired someone to do it and that company failed to do so. I hope your injuries were not severe and you have gotten through them. I wish you the best in moving forward from this situation

Question of the Week 6

Question: My mom was is in a transport van and slid out of her wheelchair because the driver didn’t place my mom in a safety belt. She slid out when the driver slammed on his breaks in order to avoid hitting another driver. My mom suffered 2 broken fractures in her right leg in the incident and the transport company isn’t taking responsibility. Can I sue?

Answer: The short answer is probably yes. It’s hard to say for sure because there is a lot of detail that still needs to be obtained from you and your mom. There are federal and state guidelines for non-emergency medical transport of passengers and assuming your mom didn’t ask the driver not to use the safety belt it should be a straight forward case where the only real issue is damages. There are some steps that need to be taken in order to preserve evidence and to prove the injuries your mother has suffered but it is likely to be a straightforward case.

Question of the Week 7

Question: A loose shelf fell off at a store and fell on my head. I think I have a concussion but I’m not sure. A Medic checked me out at the store and they filled out an accident report but I’m wondering what I should do next?

Answer: Aaron, I am sorry to hear about your accident, your next step is to make sure you receive proper medical treatment. The last thing we want is for you to be walking around with a concussion or something worse. I would immediately go to an emergency room or urgent care to get the proper treatment. You’ll likely need an MRI and that combined with consulting your doctor will help you get the proper medical care you need and set you on the right path towards recovery. After you talk to your doctor it would be best to talk to an attorney to see what options you may have.